- (1.) Heard Sri V.K. Upadhyay, Senior Advocate assisted by Sri S.K. Tyagi, and Sri Shashi Nandan, Senior Advocate assisted by Sri Saurabh Raj Srivastava, learned counsel for petitioners. Sri Anoop Trivedi, Advocate on behalf of Allahabad Development Authority and learned Standing Counsel for State have submitted their arguments in defence.
(2.) This writ petition under Article 226 of Constitution of India has been filed questioning notification dated 19th August, 1987 issued, under Section 4(1) of Land Acquisition Act, 1894 (hereinafter referred to as 'Act, 1894), by State of U.P., proposing to acquire land being Gata No.TT 16, Edmonstone Road, (area 3 bighas 3 biswas 8 dhoors), situate at Civil Station, Pargana Chail, District Allahabad for the purpose of Planned Development Scheme of Allahabad Development Authority (hereinafter referred to as 'ADA') i.e. for construction of a residential colony. Government dispensed with the compliance of Section 5-A of Act, 1894 in exercise of power under Section 17(4) of Act, 1894. Reason assigned for dispensation is that land is urgently required for construction of residential colony and there is urgency, therefore to eliminate delay likely to be caused by an enquiry under Section 5-A of Act, 1894, the same is dispensed with. Subsequent notification under Section 6 (i) of Act, 1894 was published on 19th October, 1987 which is also under challenge.
(3.) It is said that aforesaid land i.e. site No.16 (old) (20 new) Edmonstone Road, Allahabad (area 3 bighas 3 biswas 8 dhoors i.e. 9612 sq. Yard) is a 'Nazul' land. A lease was executed by State in the name of one Anwarul Ahsan. Sri Anwarul Ahsan, original lessee mortgaged disputed property to petitioner 1, Sita Ram Jaiswal and late Raja Ram Jaiswal (husband of petitioner 4 and father of petitioners 5, 6 and 7) with permission of Government, granted vide letter No. 4421 dated 24th August, 1958.;